Termination of rental contract?


Questioner

We have a holiday home on a bungalow park that we rent out. We want to sell the house but I have read that this is not a reason to stop the rental, it would then be transferred to the new buyer. Is there a possibility to end the rental? The new buyer wants to buy the house for his own use.

Lawyer

Terminating a rental agreement can be a complex process, largely determined by the type of rental agreement you have with your tenant and the specific circumstances of your situation. If your rental agreement is for a fixed period, you usually cannot terminate it prematurely unless the agreement explicitly provides for this possibility. Indeed, selling the property itself is usually not sufficient to terminate an ongoing rental agreement. However, if the new buyer wants to buy the property for his own use, this may be a valid reason to terminate the lease. According to the Civil Code (article 7:274 paragraph 1 sub c), a landlord may terminate the lease because he urgently needs the property for his own use ('urgent own use'). This may also apply to a new owner after sale. However, there are a few catches to this procedure. First of all, it must really be a matter of urgent personal use. In addition, the interests of the landlord to get the property free of rent must outweigh those of the tenant to remain in the property. Furthermore, a notice period applies and you must pay the tenant a relocation allowance. Given the complexity of this matter, it is advisable to seek advice from a legal expert or solicitor before taking any action to ensure that the process is carried out correctly and that your interests are best served.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.

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